4 ms·

I don't think there is discrimination immediately evident. I think there are legal implications in actively soliciting contract work from people who currently w

I don't think there is discrimination immediately evident. I think there are legal implications in actively soliciting contract work from people who currently work at other companies under full time contracts that may preclude them from doing stuff like that (ex: FAANG).

ipaddr 5y ago
I don't think that is true. Any agreement you have with google/faang is your agreement and your punishment. You cannot bind others into the agreement. They face no legal implications.
- foldr 5y ago
  The issue would be with IP. Facebook might be able to claim that the code your contractor worked on for you actually belongs to them.
- regulation_d 5y ago
  For the most part, this is correct. One exception is "tortious interference with a contract". Let's say I work full-time for Company A, and in my employment agreement, I agree not to do any work on the side. Then let's say Company B knows that I work for Company A and knows that I am contractually prohibited from working for them. If Company B induces me to breach my employment agreement with Company A, Company A can often sue them under the "tortious interference with a contract" cause of action. For most US jurisdictions, intent is required on the part of the obstructing party, but in a minority of jurisdictions, negligence is enough. I suspect this is why there's a clause in most employment agreements that I've signed, where the employee has to represent that they are free to enter into the agreement.
sokoloff 5y ago
Why can’t I solicit work from all comers, trusting that they have the responsibility to ensure that they aren’t violating any contract that they’ve agreed to (without my knowledge)?
- gravypod 5y ago
  If you are asking: "Why can't I solicit XYZ from all comers, trusting that they have the responsibility to ensure that they aren't violating any contract" We can look at: Louis Rossmann soliciting firmware, tools, schematics, and parts from people. He's started that he feels he is, at best, in a legal grey area. At worst, he's paying people to exfiltrate intellectual property and trade secrets from Apple. Moonlighting can look like industrial espionage if you squint really hard.

ipaddr 5y ago

I don't think that is true. Any agreement you have with google/faang is your agreement and your punishment. You cannot bind others into the agreement. They face no legal implications.

foldr 5y ago
The issue would be with IP. Facebook might be able to claim that the code your contractor worked on for you actually belongs to them.
regulation_d 5y ago
For the most part, this is correct. One exception is "tortious interference with a contract". Let's say I work full-time for Company A, and in my employment agreement, I agree not to do any work on the side. Then let's say Company B knows that I work for Company A and knows that I am contractually prohibited from working for them. If Company B induces me to breach my employment agreement with Company A, Company A can often sue them under the "tortious interference with a contract" cause of action. For most US jurisdictions, intent is required on the part of the obstructing party, but in a minority of jurisdictions, negligence is enough. I suspect this is why there's a clause in most employment agreements that I've signed, where the employee has to represent that they are free to enter into the agreement.

sokoloff 5y ago

Why can’t I solicit work from all comers, trusting that they have the responsibility to ensure that they aren’t violating any contract that they’ve agreed to (without my knowledge)?

gravypod 5y ago
If you are asking: "Why can't I solicit XYZ from all comers, trusting that they have the responsibility to ensure that they aren't violating any contract" We can look at: Louis Rossmann soliciting firmware, tools, schematics, and parts from people. He's started that he feels he is, at best, in a legal grey area. At worst, he's paying people to exfiltrate intellectual property and trade secrets from Apple. Moonlighting can look like industrial espionage if you squint really hard.